Heavy Vehicle National Law

New South Wales Class 3 Drought Assistance Dimension Exemption Notice 2023 (No.1)

1. Purpose

This notice is intended is to exempt eligible vehicles from complying with certain dimension requirements when transporting baled or rolled hay to be used as fodder for consumption by livestock in declared drought affected areas in New South Wales (NSW).

Note: This notice works on similar principles to the New South Wales Class 3 Baled Commodities Dimension Exemption Notice 2022. It provides an extra width allowance in specific conditions, but does NOT apply to Road Trains, truck and pig trailer combinations and truck and dog trailer combinations. This notice only applies periodically when there are drought affected areas in NSW.

This notice operates in conjunction with the New South Wales Class 3 Baled Commodities Dimension Exemption Operators Guide that is maintained and published by the National Heavy Vehicle Regulator. This Guide contains important specified information under this Notice, such as network references.

This notice replaces in full the previous New South Wales Class 3 Drought Assistance Dimension Exemption Notice 2018 (No.1).

2.      Authorising Provision

This notice is made under Section 117 of the Heavy Vehicle National Law.

3.      Commencement

This notice commences on the 14 August 2023.

4.      Expiry

This notice expires on 13 August 2028.

5.      Title

This notice may be cited as the New South Wales Class 3 Drought Assistance Dimension Exemption Notice 2023 (No.1).

6.      Definitions

(1)   Unless otherwise stated, words and expressions used in this notice have the same meanings as those defined in the HVNL.

(2)   In this notice

Drought affected area means an area specified as such in the Guide.

Eligible vehicle means a heavy vehicle or heavy vehicle combination to which section 7, 8 and 9 apply.

New South Wales Class 3 Baled Commodities Dimension Exemption Operators Guide (the Guide) means the document of that name published by the NHVR to operate in conjunction with this notice.

Specified Commodity means a commodity specified as such in the Guide.

7.      Application – Vehicles

(1)   This notice applies to a heavy vehicle or a heavy vehicle combination vehicle that is:

(a)     a rigid vehicle; or

(b)    a prime mover and semi-trailer combination; or

(c)     prime mover and low loader combination; or

(d)    a B-Double.

(2)   This notice does not apply to any Road Trains, truck and pig trailer combinations and truck and dog trailer combinations.

8.      Application – Specified Commodities

(1)   This notice applies to an eligible vehicle that is being used to transport a Specified Commodity.

9.      Application – Drought affected area

(1)   This notice only applies to vehicles loaded with specified commodities, where the Specified Commodity is being transported to a drought affected area.

10.  Exemptions- Dimension

(1)   An eligible vehicle that meets the conditions of this notice is exempt from the following dimension requirements in Part 2 of Schedule 6 to the MDL National Regulation:

a)      Section 7 – Width

b)      Section 8 – Height

Note:  A heavy vehicle is not exempted from any other dimension limit specified in the HVNL.

11.  Conditions – Dimension

(1)   While exempted from the dimension requirements in section 10, as a condition of this notice an eligible vehicle must not exceed either of the following dimensions:

a)      2.83m in width; and/or

b)      4.6m in height.

Note: Specific route and area requirements apply for eligible vehicles under section 11(2).

(2)    In addition to the requirements in 10(1), the load on the vehicle must not project more than 165mm from the outmost part of either side of the vehicle.

12.  Conditions - Stated Areas, Routes and Conditions

(1)   An eligible vehicle must comply with the specified route and area requirements set out in Appendix 5 Drought Travel Routes and Conditions, of the Guide.

(2)   An eligible vehicle may travel on the following stated areas and routes:

a)      Loads up to 4.6m in height: loads more than 4.3m and up to 4.6m in height may only operate on approved 4.6m high routes specified in the Guide.

b)      B-Doubles: may only operate on approved routes outlined in the B-Double routes specified in the Guide.

c)      Low loaders: may only operate on approved low loader routes specified in the Guide.

Note: Approved route and area networks for eligible vehicles described above are published by Transport for New South Wales and are available on its website. Links and descriptions of these routes may be found in the Guide.

13.  Conditions: Warning Devices and Travel Restrictions

An eligible vehicle must comply with the requirements of Appendix 5 Drought Travel Routes and Conditions, of the Guide.